U.S. Supreme Court 04-20-11
by: Grapkoch • April 19, 2011 • no comments
Read the full article for details about the following new cases:
- No Monetary Damages for Inmates Under RLUIPA
Criminal opinions from the Court are still hard to come by these days, but you figure that, at some point, they're going to have to release a few. For now, you'll have to make do with today's opinion in Sossamon v. Texas, which addresses whether states and state officials can be subjected to damages (as opposed to injunctions) for violations of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§2000cc to 2000cc-5.
In pertinent part, Section 3 of RLUIPA provides that "[n]o government shall impose a substantial burden on the religious exercise" of an institutionalized person unless the government demonstrates that the burden "is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering" that interest. Enforcement of this provision against states and local political subdivisions affords "appropriate relief against a government."
Writing for the majority, Justice Thomas concludes that this statutory scheme does not provide for monetary damages because
"RLUIPA's authorization of 'appropriate relief against a government,' §2000cc-2(a), is not the unequivocal expression of state consent that our precedents require. 'Appropriate relief' does not so clearly and unambiguously waive sovereign immunity to private suits for damages that we can 'be certain that the State in fact consents' to such a suit."
As you might expect from a good, old-fashioned Thomas opinion, the case involves a strict application of the Eleventh Amendment and principles of sovereign immunity.
More information on the case can be found via SCOTUSblog's case page.'
